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Eligible and applied for ILR, but Spouse visa expiring soon

Posted: Wed Oct 21, 2020 11:32 pm
by spavanku
Dear all,

I applied for a Set M ILR visa for my wife yesterday and paid the applicable fee. Currently she is on a Spouse/Partner Leave to remain. But this visa is expiring on the 16/11/2020. When I tried to book the appointment for biometrics, the earliest I could get was 17/11/2020 which is 1 day after the current visa expires. I have few questions as below
    Is it ok to not have the visa whilst we are waiting to provide the biometrics?
      Will this be an issue for the decision making of the ILR?

      Please provide your expert advise on this matter.

      Appreciate your help with this.

      Thanks,
      Spavanku

      Re: Eligible and applied for ILR, but Spouse visa expiring soon

      Posted: Wed Oct 21, 2020 11:53 pm
      by CULLINAN
      The date of application is the date you pay and submit your application online. Biometrics date is irrelevant. Visa expiry is irrelevant as long you applied in time i.e. after you qualify and before visa expiry. Your wife is protected by Section 3C and all her visa specific rights will continue till a decision is made. Book for 17/11 or later does not matter. The deadline to submit biometrics is 2 months after date of application.

      Re: Eligible and applied for ILR, but Spouse visa expiring soon

      Posted: Thu Oct 22, 2020 8:16 am
      by spavanku
      @Cullinan:
      Thank you for the advise :)